Justice Dept. fires court-appointed US attorney amid judiciary clash
US judges install Donald T. Kinsella after ruling acting prosecutor unlawful, but DOJ swiftly removes him, intensifying dispute over executive appointment powers
ISTANBUL
A federal judicial panel in Albany, New York, briefly appointed a new US attorney before the Justice Department swiftly removed him, escalating a clash between the Trump administration and the federal judiciary over prosecutorial appointments.
CBS News reported Wednesday that judges in the Northern District of New York appointed and swore in former prosecutor Donald T. Kinsella after a court ruling found that acting US Attorney John Sarcone was “not lawfully serving” in the position.
The judges cited a federal statute that allows district courts to temporarily fill US attorney vacancies when interim appointments expire.
Within hours, Deputy Attorney General Todd Blanche rejected the move, posting on the US social media company X: “You are fired, Donald Kinsella,” and adding, “Judges don't pick US Attorneys, [the president] does. See Article II of our Constitution.”
The dispute follows a January ruling by US District Judge Lorna Schofield blocking Sarcone, a former Trump campaign lawyer, from continuing in the role after Attorney General Pam Bondi attempted to keep him in the position under alternative titles — a maneuver Schofield found unlawful.
Schofield also barred Sarcone from overseeing an investigation into New York Attorney General Letitia James, CBS News reported.
The administration has appealed that ruling.
Similar legal disputes over interim US attorney appointments have emerged in several states, underscoring tensions over executive authority, judicial oversight and the Senate’s role in confirming presidential nominees.
